Virginia elections officials filed an emergency application to stay with the US Supreme Court Monday, requesting the court restore a state program that would remove 1,600 individuals from state voter lists.

The request comes immediately following the US Court of Appeals for Fourth Circuit’s refusal to revive the program on Sunday, after a federal district court ruled that the order violated the National Voter Registration Act (NVRA). In their application to the Supreme Court, Virginia officials argue that the voter removal program only applies to the removal of noncitizens and that the quiet period provision only applies to “eligible applicants.” Additionally, officials argue that even if the NVRA applies to noncitizens, the program still complies with the statute:

The Quiet Period Provision does not bar all removals from the rolls within 90 days of a federal election. It prohibits only those done “systematic[ally]…” All parties agree that a removal based on individualized information is not “systematic” within the meaning of the NVRA…. Virginia’s removal of noncitizens here falls on the “individualized” side of the line.

Virginia Governor Glenn Youngkin established the program through an August 7 executive order that directed the state election board to update voter lists by checking voter names and information against Department of Motor Vehicle (DMV) data. 

The original lawsuit arose from a joint filing from the Department of Justice and the Virginia Coalition for Immigrant Rights (VCIR) earlier this month.  Program opponents argue that it uses overly broad mechanisms to achieve its goals. In an October press release, the VCIR explained:

Virginia driver’s licenses are available to non-citizens and can remain valid for up to eight years, meaning people who obtained driver’s licenses as non-citizens, subsequently became U.S. citizens, and lawfully registered to vote are being unlawfully purged from the voter rolls based on outdated DMV information.

The NVRA establishes a “quiet period,” prohibiting states from altering voter lists within 90 days of federal elections. The rule aims to minimize confusion and mistakes on the part of election officials. Accordingly, the federal district court ordered to halt the program and restore voters to election lists on Friday.

Virginia officials requested the Supreme Court hand down its decision by Wednesday, October 30.